Cal. Codes » Evidence Code / DIVISION 8. PRIVILEGES / CHAPTER 4. Particular Privileges / ARTICLE 8. Clergy Penitent Privileges
California Codes

Cal. Evidence Code § 1033 (2026)

Clergy Penitent Privileges

✓ current as of May 2026
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Subject to Section 912, a penitent, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a penitential communication if he or she claims the privilege.

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1976–2025 · leading case: Roman Cath. Archbishop of La v. Super. Ct., 32 Cal. Rptr. 3d 209 (Cal. Ct. App. 2005).
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Roman Cath. Archbishop of La v. Super. Ct., 32 Cal. Rptr. 3d 209 (Cal. Ct. App. 2005). “Code, § 1031); "[s]ubject to [Evidence Code] Section 912, a penitent, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a penitential communication if he or she claims the privilege" (Evid.Code, § 1033); and, "[s]ubject to…”
Gonzalez v. State, 45 S.W.3d 101 (Tex. Crim. App. 2001). “” Cal. Evid.Code § 1033. A "penitential communication" is "a communication made in confidence, in the presence of no third person so far as the penitent is aware, to a clergyman, who in the course or practice of his church, denomination, or organization, is authorized or…”
People v. Cannata, 233 Cal. App. 4th 1113 (Cal. Ct. App. 2015). “Code, § 970) and the clergy-penitent privilege (Evid. Code, § 1033), are contained in the Evidence Code to protect the privacy of certain confidential relationships.”
Roman Catholic Archbishop v. Superior Court, 131 Cal. App. 4th 417 (Cal. Ct. App. 2005). “Code, § 1031); “[s]ubject to [Evidence Code] Section 912, a penitent, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a penitential communication if he or she claims the privilege” (Evid. Code, § 1033); and, “[sjubject to…”
In Re Edward D., 61 Cal. App. 3d 10 (Cal. Ct. App. 1976). “Code, § 994), the privilege of the penitent (Evid. Code, § 1033), the privilege of the clergyman (Evid.”
State v. Price, 26 N.W.3d 70 (Neb. 2025). “Under Cal. Evid. Code § 1033 (West 2009), “Subject to Section 912, a penitent, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a penitential communication if he or she claims the privilege.”
Los Angeles Cnty. Dep't of Pub. Soc. Servs. v. Janet D., 61 Cal. App. 3d 10 (Cal. Ct. App. 1976). “Code, § 994), the privilege of the penitent (Evid. Code, § 1033), the privilege of the clergyman (Evid.”
Welch v. Brown, 58 F. Supp. 3d 1079 (E.D. Cal. 2014). · cites it 2× “Because SB 1172 is limited to "mental health providers” as defined in the statute, it *1092 does not appear to extend to a "member of the clergy” as contemplated by penitent or clergy privileges in California Evidence Code sections 1033 and 1034.”
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